Permanent Residence Through Employment
(Permanent Residence in the USA)
日本語
The USCIS has developed a preference system
that determines the quota or number of visas that are allocated
to a particular preference category. This preference system
was developed to give an order to the way USCIS approves applications
each year and creates a difference in the application process
by category. Every year about 40,000 visas are made available
to the Third (EB3) Preference Category. This category includes:
- Foreign national Professionals with a bachelor degree
who do not qualify for a higher preference category
- Foreign national Skilled Workers with a minimum of two
years training and experience
- Other Workers and Unskilled workers requiring less than
two years of higher education (including Live-In Domestic
Workers)
Professionals without Advanced Degree
- You must hold a Foreign Equivalent to a US Bachelor Degree.
No advance degree is necessary and the Bachelor's degree
must not necessarily be in the field of the offered employment.
- (OR) You must hold a Degree that is normally required
for this profession.
- If so, you must be in the position to prove that you are
recognized as a professional of that profession.
- You must be offered a full-time, permanent position in
the U.S.
- Your potential employer must apply for and receive approved
Labor Certification from the Department of Labor that proves
that no other qualified U.S. workers are available for that
employment position and the wages and working conditions
offered will not adversely affect those of similarly employed
U.S. workers.
Skilled Workers
- Skilled workers are those working in a specific field
that requires certain skills and who have had at least two
years of training or experience. This classification does
not include temporary or seasonal employment.
- You must have evidence of two years of training or experience.
This may be met through relevant post-secondary education.
- You must be offered a full-time, permanent position in
the U.S.
- You must be filling a position that requires 2 years of
training or experience.
- Your potential employer must apply for and receive approved
Labor Certification from the Department of Labor.
- Academic Credential Evaluations may be required in certain
cases.
Unskilled Workers (Live-In Domestic Workers)
- You must have at least one year of experience as a household
domestic worker.
- You must be offered a full-time, permanent position in
the U.S.
- Your potential employer must apply for and receive approved
Labor Certification from The Department of Labor.
- Your employer must prove that your employment as a live
in household worker is a "business necessity".
Other Workers
- You may have less than two years of training or experience.
- Your job does not require two years of training or experience.
- You must have completed your training for the job prior
to starting the permanent Residence application process.
- You must be offered a full-time, permanent position in
the U.S.
- You must be ready to wait a longer time for your visa
due to the long backlog of applications already filed under
this category.
- Your potential employer must apply for and receive approved
Labor Certification from The Department of Labor. However
Labor Certification is generally not made available for
the list of jobs listed below called Schedule B occupations.
- Complete
list of Schedule B Occupations.
How does one Apply?
There are 3 general steps in the application
process for lawful permanent residence for skilled workers.
Your potential employer, and the last step by you and your
accompanying relatives must initiate the first two steps.
The application procedures may be carried out either within
the United States at a USCIS office, or abroad at the U.S.
consulate of your country of residence.
The first step involves your employer who files
for a Labor Certification on your behalf. The reason that
you are required to do this is so that the U.S. Government
can confirm that there are no qualified U.S. citizens available
and willing to take the specific job that has been offered
and that the working conditions and wages offered for the
position will not have an adverse effect on the U.S. labor
market. Therefore, you will be working with both the USCIS
and the Department of Labor on this application.
- If the Labor Certification is approved, you will then
have to prove that you are qualified for this particular
visa. Your employer will then file an Immigrant Petition
for the Alien Worker (Form I-140).
- If the Petition is approved, you will then file a formal
request for lawful permanent residency or a green card application.
This process can take place from the Country of Residence
at the US consulate or from within the United States.
- There are several factors that could impact the time
it takes for the application to be approved. These factors
may include, but may not be limited to: (a) Using the correct
procedures when filing each type of application; and (b)
quota availability. For example quotas are set by both visa
type and by country, so, the country you were born in can
also impact your timing.
What do I do now?
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